Gottsch v. Walker

District Court of Appeal of Florida

Gottsch v. Walker

376 So. 2d 879, 1979 Fla. App. LEXIS 16080

CourtDistrict Court of Appeal of Florida

DecidedOctober 26, 1979

DocketNo. MM-294

StatusPublished

Cited by2 cases

This text of 376 So. 2d 879 (Gottsch v. Walker) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gottsch v. Walker, 376 So. 2d 879, 1979 Fla. App. LEXIS 16080 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

From the evidence the jury could legitimately have inferred that appellant Gottsch caused his agent McCall to submit a bid for appellees’ cattle, resulting in a sale and shipment of the cattle, although Gottsch then intended not to pay for the cattle as agreed, and intended rather to resist full payment on spurious grounds. Under instructions from the court which are not here challenged, the jury could therefore have found that Gottsch’s bid misrepresented his intention at the time of sale and that appellees were entitled to compensatory and punitive damages. E. g., Home Seekers’ Realty Co. v. Menear, 102 Fla. 107, 135 So. 402 (1932). Appellant’s other point is also without merit.

AFFIRMED.

ROBERT P. SMITH, Jr., Acting C. J., and SHIVERS and SHAW, JJ., concur.

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PER CURIAM.

From the evidence the jury could legitimately have inferred that appellant Gottsch caused his agent McCall to submit a bid for appellees’ cattle, resulting in a sale and shipment of the cattle, although Gottsch then intended not to pay for the cattle as agreed, and intended rather to resist full payment on spurious grounds. Under instructions from the court which are not here challenged, the jury could therefore have found that Gottsch’s bid misrepresented his intention at the time of sale and that appellees were entitled to compensatory and punitive damages. E. g., Home Seekers’ Realty Co. v. Menear, 102 Fla. 107, 135 So. 402 (1932). Appellant’s other point is also without merit.

AFFIRMED.

ROBERT P. SMITH, Jr., Acting C. J., and SHIVERS and SHAW, JJ., concur.

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Bluebook (online)

376 So. 2d 879, 1979 Fla. App. LEXIS 16080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gottsch-v-walker-fladistctapp-1979.

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